Contesting a civil penalty
Arkansas Code § 17-28-202; Arkansas Code § 17-28-309; Arkansas Code § 20-31-104
(a)
- (1) The person, firm, or corporation may contest the imposition of a civil penalty by filing a written request for a hearing with the Director of the Division of Labor, Department of Labor and Licensing, 900 West Capitol, Suite 400, Little Rock, AR 72201.
- (2) The written request must be made within twenty (20) days after receipt of notification of the civil penalty or the assessment will become final.
- (b) A written request for a hearing shall be scheduled for a hearing before the Board of Electrical Examiners of the State of Arkansas.
(c)
- (1) The person, firm, or corporation shall be provided at least twenty (20) days' notice of the hearing.
(2) Such notice shall include a:
- (A) Statement of the time, date, place, and nature of the hearing;
- (B) Statement of the legal authority and jurisdiction under which the hearing is to be held;
- (C) Short and plain statement of the matters of fact and law asserted; and
- (D) Statement that the person, firm, or corporation may, upon written request, obtain the issuance of a subpoena by the director for the attendance and testimony of witnesses and the production of documents.
(d)
- (1) The board shall, after consideration of the evidence, issue a decision and issue an order setting forth findings of fact and conclusions of law.
- (2) Such decision shall become the final determination of the board, unless judicial review is sought within thirty (30) days pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-212.
- (e) If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the final determination, the director may file an action in a court of competent jurisdiction to collect the civil penalty, without paying costs or giving bonds for costs.